DC Superior Court Judge Rainey Brandt ruled that prosecutors could introduce evidence of a defendant’s past crimes in a domestic violence related stabbing case during a motions hearing on Aug. 15.
James Callen, 41, is charged with assault with intent to kill while armed, assault with a dangerous weapon, aggravated assault knowingly while armed, assault with significant bodily injury while armed, and four counts of felony contempt. The charges stem from his alleged involvement in a domestic violence related non-fatal stabbing that injured one person on July 13, 2024 on the 1600 block of Morris Road, SE.
The contempt charges are in connection to Callen’s alleged violation of the court’s stay-away order by calling the victim four separate times. All charges face an aggravating factor of allegedly being committed during Callen’s release for another matter.
Prior to the hearing, the prosecution filed a motion to present evidence of Callen’s prior crimes during the trial. The evidence prosecutors want to introduce is allegedly past instances of domestic violence against the same victim in this case. Defense attorney Alvin Thomas opposed the request and argued the evidence was irrelevant to the current trial because it occurred months before Callen’s arrest and shared no similarity with the current case.
Thomas asserted that allowing the evidence would unfairly imply, “[Callen’s] done this on other occasions so he’s done it on this occasion.” According to Thomas, no police reports exist regarding the earlier allegations of domestic violence, and prosecutors would rely solely on accounts from the victim and her mother.
Prosecutors argued that the Court of Appeals has consistently ruled prior assaultive behavior relevant in such cases.
The prosecution pointed to two past incidents in which police were called by the victim and noted that one incident generated a formal report, which they already shared with the defense. They added that they were uncertain whether body-worn camera footage of the past crimes exists, but if located, it would be turned over to the defense.
Judge Brand ruled that Callen’s prior instances of domestic abuse could be admitted into evidence to demonstrate motive and intent. “Domestic violence doesn’t happen overnight,” emphasized Judge Brandt.
The judge added that to prevent unfair bias, jurors would receive specific instructions on how to evaluate each charge and the evidence presented.
Parties are scheduled to reconvene on Aug. 22.
